Allahabad High Court
RAVIKANTversusState of UP AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR against them. The State, represented by the Additional Government Advocate, submitted an office report dated 22‑04‑2026 indicating that the police had already filed a charge‑sheet. The Court noted that once a charge‑sheet is filed, the FIR is no longer a live subject of judicial scrutiny under a writ petition. Consequently, the judges held that the petition was premature and could not be entertained. The writ petition was therefore dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law. The decision underscores the principle that writ jurisdiction does not extend to reviewing FIRs after a charge‑sheet has been filed.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after the filing of a charge‑sheet
Subjects
- writ petition
- FIR
- charge sheet
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21420 of 2024
Ravikant
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kanhaiya Mishra, Sandeep Tripathi
Counsel for Respondent(s) : Arvind Prabodh Dubey, G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case is taken up in the revised call. No one is present for the
petitioner(s). Learned AGA is present for the State.
2. We have perused the office report dated 22.04.2026 which is quoted as
below :-
"As per report submitted by the Legal Cell, O/o Director General of
Police, U.P., the charge sheet has been filed."
3. In view of the fact that charge-sheet has already been submitted and
since the writ petition is challenging the FIR, we are of the view that the
writ petition be dismissed and it be consigned to record.
4. The writ petition is, accordingly, dismissed. The petitioner(s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 23, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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